Robert Labossiere

Application for custody and access of a child born in 2012.

Both parents sought sole custody.

The applicant father, who had overcome a prescription drug addiction and held stable employment as a peacekeeper and band council member, sought custody citing concerns about the respondent mother's ongoing drug dependency and inadequate care.

The respondent mother, residing in a remote community and enrolled in a Suboxone treatment program, sought sole custody with extended access to the father.

The court awarded joint custody with day-to-day care and control to the father, finding that while both parents loved the child, the father's stability, financial resources, and drug-free status better served the child's interests, particularly given the child's upcoming school enrollment requiring consistency and continuity.

The applicant father brought an urgent motion for interim sole custody of the parties' one-year-old son, alleging the respondent mother was abusing drugs and alcohol while breastfeeding.

The respondent mother brought a counter-motion for temporary care and control and permission to relocate to Sioux Lookout, alleging she fled the matrimonial home due to the applicant's escalating anger and domestic violence.

The court found the matter urgent under Rule 14(4.2) of the Family Law Rules.

Relying on corroborating medical and CAS evidence supporting the mother's version of events, the court granted the mother temporary care and control.

The court also permitted the mother to temporarily relocate to Sioux Lookout with the child to secure her safety and family support, while granting the father facilitated access.